Sefiane v. District Attorney 354 et al

Filing 18

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 5 Report and Recommendation. Signed by District Judge Thad Heartfield on 10/16/2018. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
SAMAD SEFIANE

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VS.

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DISTRICT ATTORNEY 354, et al.,

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CIVIL ACTION NO. 1:18-CV-291

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Samad Sefiane, a pre-trial detainee at the Jefferson County Correctional Facility,
proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the following
defendants: District Attorney 354, District Attorney 365, Judge John B. Stevens, Judge Terrence L.
Holmes, Attorney David E. Grove, and Attorney James R. Makin.
The court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The
Magistrate Judge recommends plaintiff’s civil rights action be dismissed without prejudice as
repetitious.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleading. Plaintiff filed
objections to the Report and Recommendation of United States Magistrate Judge. This requires a
de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV.
P. 72(b).
After careful consideration, the court finds plaintiff’s objections lacking in merit. As outlined
by the Magistrate Judge, the above-referenced complaint is identical in substance and form to the
complaint also filed by plaintiff in Civil Action No. 1:18-CV-275 (E.D. Tex.). The latter case was
dismissed for failure to state a claim and as frivolous on August 16, 2018 (docket entry nos. 21 &
22).

ORDER
Accordingly, plaintiff’s objections are OVERRULED. The findings of fact and conclusions
of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED.
A Final Judgment will be entered in accordance with the recommendations of the Magistrate Judge.
SIGNED this the 16 day of October, 2018.

____________________________
Thad Heartfield
United States District Judge

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